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(영문) 부산고등법원 2017.08.09 2016나56625

사해행위취소

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1. All appeals filed by the plaintiff and the defendant (appointed parties) are dismissed.

2. The costs of appeal shall be borne by each party.

purport.

Reasons

1. The reasoning of the court’s explanation in this case is as stated in the reasoning of the judgment of the first instance except for the following supplementary judgments, thereby citing it as it is in accordance with Article 420 of the Civil Procedure Act.

《보충판단》 원고들은 당심에서, M 주식회사가 2005. 1. 24. 공정증서(갑 제29호증)를 작성교부하면서 그 채권의 변제기를 2005. 4. 30.로 정하였으나, 이는 I의 이 사건 투자금채권에 대한 중첩적 채무인수에 해당할 뿐, 이 사건 투자금채권 자체의 변제기가 2005. 4. 30.로 정해진 적은 없다고 주장한다.

In January 2005, the first instance court acknowledged the fact that I and the designated company agreed to settle the I's claims, including the instant investment claims, at KRW 320 million, and to pay it until April 30, 2005. Such fact-finding was made by considering other evidence, not only by dancing, and the first instance court witness I testified to the same effect as the fact-finding of the first instance court.

Ultimately, as long as I and the designated company agreed on April 30, 2005 on the maturity date of the investment bond of this case, it is not necessary to consider the nature of the act of preparing and delivering a notarial deed, so the plaintiffs' above assertion is without merit.

2. In conclusion, the judgment of the court of first instance is just, and the appeal by the plaintiff and the defendant is dismissed as it is without merit.